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Sexual activity with a child

s.9Sexual Offences Act 2003

A person aged 18 or over intentionally touching a child under 16 sexually, where they do not reasonably believe the child is 16 or over (or the child is under 13).

Sexual activity with a child · Sexual Offences Act 2003, s.9Card 134 / 195

Points to prove

The defendant (A) was aged 18 or over
Intentionally touched another person (B)
The touching was sexual
EitherB was under 16 and A did not reasonably believe that B was 16 or over
OrB was under 13 (belief about age is then irrelevant)

Key definitions

Touching – s.79(8): with any part of the body, with anything else, or through anything, including touching amounting to penetration.
Sexual – s.78: by its nature sexual, or by its nature it may be sexual and because of its circumstances or anyone’s purpose it is sexual, in the view of a reasonable person.
Consent – not an element. A child under 16 agreeing is no answer to the charge.
Reasonable belief – where B is 13 to 15, the prosecution must prove A did not reasonably believe B was 16 or over. Where B is under 13, belief is irrelevant.
Penetrative touching – s.9(2): penetration of B’s anus or vagina with a part of A’s body or anything else, of B’s mouth with A’s penis, of A’s anus or vagina with a part of B’s body, or of A’s mouth with B’s penis. This version is indictable only.

Good to know

Where A is under 18, the same conduct is charged under s.13 (maximum 5 years).
Related offences by adults: causing or inciting a child to engage in sexual activity (s.10), engaging in sexual activity in the presence of a child (s.11) and causing a child to watch a sexual act (s.12).
For B aged 16 or 17, consider abuse of a position of trust (ss.16 to 19) or familial child sex offences (ss.25 and 26).
s.73: a person who acts to protect the child, for example by giving sexual health advice, does not aid or abet the offence.

Legislation: Sexual Offences Act 2003, s.9 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (indictable only where the touching involves penetration)
Maximum penalty: 14 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary, non-penetrative touching only)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Sexual activity with a child: questions people ask

What are the points to prove for sexual activity with a child?

1. The defendant (A) was aged 18 or over 2. Intentionally touched another person (B) 3. The touching was sexual 4. B was under 16 and A did not reasonably believe that B was 16 or over 5. B was under 13 (belief about age is then irrelevant)

What is the maximum sentence for sexual activity with a child?

14 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary, non-penetrative touching only)

Is sexual activity with a child a summary, either-way or indictable offence?

Mode of trial: Either way (indictable only where the touching involves penetration).

What Act and section is sexual activity with a child?

Sexual activity with a child is an offence under the Sexual Offences Act 2003, s.9.

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